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KARNATAKA ADVOCATES' WELFARE FUND ACT, 1983
KARNATAKA ADVOCATES' WELFARE FUND ACT, 1983
2 of 1985
12th August, 1983
An Act to provide for the constitution of a welfare fund for the payment of retirement benefits to advocates in the State of Karnataka and for matters connected therewith or incidental thereto. Whereas, it is expedient to provide tor the constitution of a welfare fund for the payment of retirement benefits to advocates in the State of Karnataka and for matters connected therewith or incidental thereto. Be it enacted by the Karnataka State Legislature in the Thirty-fourth year of the Republic of India as follows :
Section1 Short title and commencement
(1) This Act may be called the Karnataka Advocates' Welfare Fund Act, 1983.
(2) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.
Section2 Definitions
In this Act unless the context otherwise requires.
(a) "Advocate" means a person whose name has been entered in the State roll of Advocates prepared and maintained by the Bar Council of Karnataka under Section 17 of the Advocates Act, 1961 (Central Act 25 of 1961), and includes a legal practitioner whose rights are saved under Section 55 of the said Act and who ordinarily practices in the State of Karnataka;
(b) "Bar Association" means an association of advocates recognised by the Bar Council under Section 13;
(c) "Bar Council" means the Bar Council of Karnataka constituted under Section 3 of the Advocates Act, 1961 (Central Act 25 of 1961);
[11. Clause (d) substituted by Act No. 21 of 1993, w.e.f. 2-4-1997. (d) "Cessation of Practice" means removal of the name of an advocate from the roll maintained by the Bar Council or non-renewal of pleadership Certificate on the ground of.
(i) death; or
(ii) permanent disability; or
(iii) voluntary retirement due to old age;]
(e) "Dependents" means wife, husband, father, mother and unmarried minor children or such of them as are alive;
(f) "Fund" means the Advocates' Welfare Fund constituted under Section 3;
11. Clauses (g) and (ga) substituted for clause (g) by Act No. 21 of 1993, w.e.f. 2-4-1997. (g) "Member" means member of the fund;
(ga) "Permanent disability" means disability which renders an Advocate totally incapable from practising as such. A certificate to that effect by such authority as may be prescribed, shall be produced;
(h) "Prescribed" means prescribed by the Bar Council by rules made under this Act;
(i) "Retirement" means stoppage of practice as an advocate communicated to and recorded by the 22. Substituted for the words "Trustee Committee" by Act No. 21 of 1993, w.e.f. 2-4-1997. [Bar Council and the Trustee Committee];
(j) "Registered clerk" means a person who is registered as a recognised clerk or gumasta of an advocate or a pleader in connection with any rules passed by the High Court of Karnataka under Article 225 of the Constitution of India and Section 54 of the State Reorganisation Act, 1956 or under Section 122 of the Code of Civil Procedure or any other law;
(k) "Stamp" means the stamp printed and distributed under Section 22;
(l) "State" means the State of Karnataka;
(m) "Suspension of practice" means voluntary suspension of practice as an advocate or suspension by the Bar Council for misconduct;
(n) "Trustee committee" means the committee established under Section 4;
(o) "Vakalath" means vakalathnama and includes memorandum of appearance or any other document by which an advocate is empowered to appear or plead before any Court, Tribunal or other authority.
Section3 Advocates' Welfare Fund
(1) The State Government shall constitute a fund called the Karnataka Advocates' Welfare Fund for the payment of retirement 33. Substituted for the words "benefits to the Advocates in the State" by Act No. 21 of 1993, w.e.f. 2-4-1997. [and other benefits to the advocates and their dependants in the State].
(2) There shall be credited to the Fund. [
11. Clause (a) omitted by Act No. 21 of 1993, w.e.f. 2-4-1997. (a) x x x x x;
(b) any 22. The word "other" omitted by Act No. 21 of lc>93, w.e.f. 2-4-1997. [x x x x x] contribution made by the Bar Council;
(c) any voluntary donation or contribution made to the Fund by the Bar Council of India, any Bar Association, any other association or institution, any advocate or any other person;
(d) any grant made by the State Government to the Fund;
(e) the amounts set apart from the Legal Benefit Fund constituted under Section 76-A of the Karnataka Court Fees and Suits Valuation Act, 1958 (Karnataka Act 16 of 1958), for providing social security measures for the legal profession;
(f) any sum borrowed under Section 10;
(g) all sums received from the Life Insurance Corporation of India on the death of an advocate under the group insurance policy;
(h) any profit or dividend received from the Life Insurance Corporation of India in respect of policies of Group Insurance of the members of the Fund;
(i) any interest or dividend or other return on any investment made of any part of the Fund;
(j) all sums collected by way of sale of welfare fund stamps under Section 22;
33. Clause (k) substituted by Act No. 21 of 1993, w.e.f. 2-4-1997. (k) amounts collected under Section 15 by way of admission fee.
(3) The sums specified in sub-section (2), shall be paid to, or collected by, such agencies, at such intervals and in such manner, and the accounts of the Fund shall be maintained and operated in such manner, as may be prescribed.
Section4 Establishment of Trustee Committee
(1) The State Government may, by notification, establish with effect from such date as may be specified therein a committee to be called the Karnataka Advocates' Welfare Fund Trustee Committee.
(2) The Trustee Committee shall be a body corporate having perpetual succession and a common seal with power to acquire and hold property and shall, by the said name, sue and be sued.
(3) The Trustee Committee shall consist of.
(a) the Advocate General of Karnataka, who shall be the Chairman of the Trustee Committee, ex officio;
(b) the Secretary to Government, Department of Law and Parliamentary Affairs, c.\ officio;
(c) two members nominated by the State Government;
(d) 11. Substituted for the word "two" by Act No. 21 of 1993, \v.e.t. 2-1-1997. [three] members of the Bar Council nominated by it;
(e) the Chairman of the Bar Council, who shall be the Treasurer of the Trustee Committee, ex officio; and
(f) the Secretary of the Bar Council, who shall be the Secretary of the Trustee Committee, ex officio.
(4) A member nominated by the State Government under clause (c) of sub-section (3), shall hold office for a term of four years.
(5) A member nominated by the Bar Council under clause (d) of sub-section (3), shall hold office for a term of four years or for the duration of his membership in the Bar Council, whichever is less.
Section5 Disqualification and removal of nominated members of Trustee Committee
(1) A member nominated under clause (c) or clause (d) of sub-section (3) of Section 4, shall be disqualified to be a member of the Trustee Committee if he.
(a) becomes of unsound mind; or
(b) is adjudged an insolvent; or
(c) is absent without leave of the Trustee Committee for more than three consecutive meetings thereof; or. 9
22. Clause (d) substituted by Act No. 21 of 1993, w.c-.f. 2-4-1997. (d) has committed breach of trust, or
(2) The State Government may remove any member who is or has become disqualified under sub-section (1) from membership of the Trustee Committee:
Provided that no order removing any member shall be passed unless that member and the Bar Council, in the case of a member nominated by it, have been given an opportunity of being heard.
Section6 Resignation by nominated members of Trustee Committee and filling up of casual vacancies
(1) Any member nominated under clause
Provided that the Bar Council shall consult the State Government before accepting the resignation.
(2) A casual vacancy in the office of a member referred to in sub-section (1), may be filled as soon as may be, by the State Government or the Bar Council, as the case may be, and a member so nominated to fill such vacancy shall hold office for the unexpired portion of the term of office of (he member whose place he fills.
Section7 Act of Trustee Committee not to be invalidated by vacancy, defect, etc
No act done or proceeding taken under this Act or the rules made thereunder by the Trustee Committee shall be invalidated merely by reason of.
(a) any vacancy or defect in the constitution of the committee; or
(b) any defect or irregularity in the nomination of any person as a member thereof; or
(c) any defect or irregularity in such act or proceeding not affecting the merits of the case.
Section8 Vesting and application of Fund
The Fund shall vest in, and be held and applied by, Trustee Committee subject to the provisions and for the purposes of this Act.
Section9 Function of Trustee Committee
(1) The Trustee Committee shall administer the Fund.
(2) In the administration of the Fund, the Trustee Committee shall, subject to the provisions of this Act and the rules made thereunder.
(a) hold the amounts and assets belonging to the Fund in trust;
11. Clause (b) omitted by Act No. 21 of 1993, w.e.f. 2-4-1997. (b) x x x x x;
(c) receive applications from the members of the Fund, their nominees or legal representatives, as the case may be, for payments out of the Fund, conduct such enquiry as it deems necessary for the disposal of such applications and dispose of the applications within five months from the date of receipt thereof;
(d) record in the minutes book of the Trustee Committee, its decisions on the applications;
11. Clause (e) substituted by Act No. 21 of 1993, w.e.i. 2-4-1997. (e) pay to the members amounts in accordance with of Section 16;
(f) send such periodical and annual reports as may be prescribed to the State Government and the Bar Council;
22. Clause (g) substituted by Act No. 21 of 1993, w.c.t. 2-4-1997. (g) communicate to the applicants by registered post with acknowledgement due, the decisions of the Trustee Committee in respect of claims to the benefits of the fund.
(h) do such other acts as are, or may be, required to be done under this Act and the rules made thereunder.
Section10 Borrowing and investment
(1) The Trustee Committee may, with the prior approval of the State Government and the Bar Council, borrow from time to time any sum required for carrying out the purposes of this Act.
(2) The Trustee Committee shall deposit all moneys and receipts forming part of the Fund in any scheduled bank or invest the same in loans to any corporation owned or controlled by the Central Government or the State Government or in loans floated by the Central Government or the State Government or in any other manner as the Bar Council may, from time to time direct with the prior approval of the State Government.
(3) All amounts due and payable under this Act and all expenditure relating to the management and administration of the Fund 33. Inserted by Act No. 21 of 1993, w.e.f. 2-4-1997. [and all expenditure relating to supply of Welfare Fund Stamps) shall be paid out of the Fund.
(4) The accounts of the Trustee Committee shall be audited annually by a chartered accountant appointed by the Bar Council.
(5) The accounts of the Trustee Committee, as certified by the auditor, together with the audit reports thereon, shall be forwarded to the Bar Council by the Trustee Committee and the Bar Council may issue such directions as it deems fit to the Trustee Committee in respect thereof.
(6) The Trustee Committee shall comply with the directions issued by the Bar Council under sub-section (5).
Section11 Powers and duties of Secretary
The Secretary of the Trustee Committee shall.
(a) be the chief executive authority of the Trustee Committee and be responsible for carrying out its decisions;
(b) represent the Trustee Committee in all suits and proceedings for and against it;
(c) authenticate by his signature all decisions and instructions ot the Trustee Committee;
(d) operate the bank accounts of the Trustee Committee jointly with the Treasurer;
(e) convene meetings of the Trustee Committee and prepare its minutes;
(f) attend the meetings of the Trustee Committee with all the necessary records and information;
(g) maintain such forms, registers and other records as may be prescribed from time to time and do all correspondence relating to the Trustee Committee;
(h) inspect and verify periodically the accounts and registers of the Bar Associations regarding stamps;
(i) prepare an annual statement of business transacted by the Trustee Committee during each financial year; and
(j) do such other acts as may be directed by the Trustee Committee.
Section12 1Transfer of certain money to the Fund
x x x x x.
Section13 Recognition and Registration of Bar Associations
(1) All associations of advocates known by any name functioning in any Court centre may, before a date to be notified by the Bar Council in this behalf, apply to the Bar Council in such form as may be prescribed for recognition and registration.
(2) Every application for recognition and registration shall be accompanied by the rules or bye-laws of the association, names and addresses of the office bearers of the association and with an up-to-date list of the members of the association showing the name, address, age, date of enrolment and the ordinary place of practice of each member.
(3) The Bar Council may, after such enquiry as it deems necessary, recognise the Bar Association and issue a certificate of registration in such form as may be prescribed.
(4) The decision of the Bar Council regarding the recognition and registration of the Bar Association shall be final.
(5) Subject to such rules and conditions as may be prescribed by the Government every registered Bar Association may be paid grants by the Government every year.
Section14 Duties of Bar Associations
(1) Every Bar Association shall, on or before the 30th April of every year, intimate to the Bar Council a list of its members as on the 31st March of that year.
(2) Every Bar Association shall intimate to the Bar Council.
(a) any change of the office bearers of the association within fifteen days from such change;
(b) any change in the membership including admission or re-admission within thirty days of such change;
(c) the death, retirement or voluntary suspension of practice of any of its members within thirty days from the date of occurrence thereof; and
(d) such other matter as may be required by the Bar Council or the Government from time to time.
Section15 1Membership of the Fund
(1) Every advocate, other than an advocate coming under proviso to sub-section (5) of Section 16, on the roll of the Karnataka State Bar Council practising in the State of Karnataka, shall be a member of the Fund and shall file a declaration in such form as may be prescribed along with an admission fee or 22. Substituted for the words "rupees one hundred" by Act No. b of 1996 [rupees one thousand]: Provided that the advocates' other than those who have already become members, shall file such declarations as may be prescribed and pay 33. Substituted for the words "rupees one hundred" by Act No. 6 of 1996 [rupees one thousand] within six months from the date of coining into force of the Karnataka Advocates' Welfare Fund (Amendment) Act, 1993: 44. Second proviso inserted by Act No. 6 of 1996.
Provided further that the Advovcates who have already become members, shall pay the balance amount of rupees eight hundred towards admission fee within six months from the date of coming into force of the Karnataka Advocates' Welfare Fund (Amendment) Act, 1996.
55. Sub-section (1-A) inserted by Act No. 6 of 1996. [(1-A) If any Advocate fails to pay the admission fee within the time stipulated under sub-section (1), such fee may be paid together with late fee of rupees ten per month or part of a month subject to a maximum of rupees one hundred.]
(2) Every member shall furnish the particulars of place of practice with such other details as may be prescribed.
(3) Every member who voluntarily suspends practice or retires shall within fifteen days of such suspension or retirement intimate that fact to the Trustee Committee and if any member fails to do so without sufficient reason the Trustee Committee may reduce the amount due to that member in such manner as may be prescribed.
Section16 Payment from the Fund on cessation of practice
11. Sub-section (1) substituted by Act No. 21 of 1993, w.e.f. 2-4-1997. [
(1) A member shall, on cessation of practice arising out of voluntary retirement due to old age, be entitled to receive from out of the fund, an amount at the rate of rupees one thousand for every completed year of practice subject to a maximum of rupees fifty thousand.
(2) In the event of the death of a member, the amount shall be paid to his nominee or, where there is no nominee, to his legal dependents or heirs in equal share.
22. Sub-section (3) omitted by Act No. 21 of 1993, w.e.f. 2-4-1997.
(3) x x x x x.
Provided that a member suffering from permanent disablement shall be allowed to retire within five years of his admission to the Fund.
(4) For calculating the period of completed years of practice for the purpose of payment under this Act, every four years of practice at the Bar, if any, before the admission of a member to the Fund shall be computed as one year of practice and added on to the number of years of practice after such admission: 33. Provisos inserted by Act No. 21 of 1993, w.e.f. 2-4-1997.
Provided that while calculating the period of completed years of practice for the purpose of payment under this Act, the fraction of three months and more before admission and fraction of six months and more, after admission shall be treated as one full year:
Provided further that the period of suspension of practice, as a result of misconduct under Section 35 of the Advocates Act, 1961 (Central Act 25 of 1961) shall be excluded for the purpose of calculation of the period of completed years of practice.
44. Sub-section (5) substituted by Act No. 21 of 1993, w.e.f. 2-4-1997. [
(5) A sum of rupees fifty thousand shall be paid to the member, on cessation of practice due to permanent disability * [or in the event of death of a member, to his nominee or where there is no nominee, to his legal heirs, as the case may be]:
Provided that lumpsum amount shall not be paid to a member, who had voluntarily suspended and resumed practice for purposes of either employment, avocation or business, or who had been enrolled as an Advocate either on retirement or dismissal from service or employment or who enrolls as an advocate after the age of forty years.
(6) An application for payment from the Fund shall be preferred to the Trustee Committee in such form as may be prescribed.
(7) An application received under sub-section (6), shall be disposed of by the Trustee Committee after such enquiry as it deems necessary.
Section17 Restriction on alienation, attachment, etc., of interest in the Fund
(1) The interest of any member in the Fund, or the right of a member or his nominee or legal heirs to receive any amount from the Fund, shall not be assigned, alienated or charged and shall not be liable to attachment under any decree or order of any Court, Tribunal or other authority.
(2) No creditor shall be entitled to proceed against the Fund or the interest therein of any member or his nominee or heirs. Explanation. For the purposes of this section, 'creditor' includes the State or an official assignee or receiver appointed under the Provincial Insolvency Act, 1920 or any other law for the time being in force.
Section18 Group Life Insurance for members and other benefits
The Bar Council may, for the welfare of the members of the Fund.
(a) obtain from the Life Insurance Corporation of India policies of group insurance for the members of the Fund;
(b) provide for medical and educational facilities for the members of the Fund and their dependents; and
(c) provide for such other benefits as may be prescribed.
Section19 Meetings of Trustee Committee
(1) The Trustee Committee shall meet at least once in three months or more often if found necessary to transact business under this Act or the rules made thereunder.
(2) Three members of the Trustee Committee shall form the quorum for a meeting of the committee.
(3) The Chairman or in his absence, a member elected by the members present shall preside over a meeting of the Trustee Committee.
(4) Any matter coming before a meeting of the Trustee Committee shall be decided by a majority of the members present and voting at the meeting and, in the case of an equality of votes, the Chairman or the member presiding over the meeting shall have a casting vote.
Section20 Travelling and daily allowance to members of Trustee Committee
The non-official members of the Trustee Committee shall be eligible to get such travelling allowance and daily allowance as are admissible to the members of the Bar Council.
Section21 Appeal against decisions of Trustee Committee
(1)An appeal against any decision of the Trustee Committee shall lie to the Bar Council.
(2) The appeal shall be in the prescribed form and shall be accompanied by.
(a) a copy of the order appealed against; and
(b) a receipt evidencing payment of one hundred rupees to the credit of the Bar Council, in any of the branches in Karnataka of any Scheduled Bank.
(3) The appeal shall be filed within thirty days from the date of receipt of the order appealed against.
(4) The decision of the Bar Council on the appeal shall be final.
Section22 Printing and distribution of stamps by Bar Council
(1) The Bar Council shall cause to be printed Welfare Fund Stamps of the value of 11. Substituted for the words "two rupees" by Act No. 6 of 19%. [five rupees] with the Bar Council Emblem and its value inscribed thereon.
(2) The Welfare Fund Stamps shall be of the size 1" x 2" and be sold only to members of the Fund.
(3) The custody of the Welfare Fund Stamps shall be with the Bar Council.
(4) The Bar Council shall control the distribution and sale of the Welfare Fund Stamps through Bar Associations.
(5) The Bar Council and the Bar Association shall keep proper accounts of the Welfare Fund Stamps in such form and in such manner as may be prescribed.
(6) The Bar Associations shall purchase the Welfare Fund Stamps from the Bar Council after paying the value thereof less ten per cent of such value towards incidental expenses.
Section23 Vakalath to bear stamps
(1) Every 22. Substituted tor the words "member of the l-'und" by Act No. ft of 19%. [Advocate] shall affix one Welfare Fund Stamp on every vakalath filed by him and no vakalath shall be filed before or received by any Court, Tribunal or other authority unless it is so stamped.
(2) Every Welfare Fund Stamp affixed on vakalath filed before any Court, Tribunal or other authority shall be cancelled in the manner provided in the Karnataka Court Fees and Suits Valuation Act, 1958 (Karnataka Act 16 of 1958).
(3) The value of the Welfare Fund Stamp shall, neither be costs in the case nor be collected in any event from the client.
(4) Any contravention of the provisions of sub-section (3) by the member shall disentitle him to the benefits of the Fund and the Trustee Committee shall report such instances to the Bar Council for appropriate action.
Section23A Contribution by Senior Advocate
11. Section 23-A inserted by Act No. b of 1496. .
(1) Every designated Senior Advocate shall contribute rupees two thousand five hundred per year to the Fund.
(2) if any designated Senior Advocate fails to pay the contribution under sub-section (1), before the last day of the month next to the month in which the contribution becomes due, such contribution may be paid together with late fee of rupees twenty-five per month or part of a month subject to a maximum of rupees five hundred.
Section24 Protection of action taken in good faith
(1) No suit, prosecution or other legal proceedings shall lie against any person for anything which is in good faith done or intended to be done in pursuance of this Act or any rule made thereunder.
(2) No suit or other legal proceedings shall lie against the Trustee Committee or the Bar Council for any damage caused or likely to be caused by anything which is in good faith done or intended to be done in pursuance of this Act or any rule made thereunder.
Section25 Bar of jurisdiction of Civil Courts
No Civil Court shall have jurisdiction to settle, decide or deal with any question or to determine any matter which is by or under this Act required to be settled, decided or dealt with or to be determined by the Trustee Committee or the Bar Council.
Section26 Power to summon witnesses and take evidence
The Trustee Committee and the Bar Council shall, for the purposes of any enquiry under this Act, have the same powers as are vested in a Civil Court while trying a suit under the Code of Civil Procedure, 1908, in respect of the following matters, namely.
(a) enforcing the attendance of any person or examining him on oath;
(b) requiring the discovery and production of documents;
(c) receiving evidence on affidavit;
(d) issuing commissions for the examination of witnesses.
26 Power to summon witnesses and take evidence
The Trustee Committee and the Bar Council shall, for the purposes of any enquiry under this Act, have the same powers as are vested in a Civil Court while trying a suit under the Code of Civil Procedure, 1908, in respect of the following matters, namely.
(a) enforcing the attendance of any person or examining him on oath;
(b) requiring the discovery and production of documents;
(c) receiving evidence on affidavit;
(d) issuing commissions for the examination of witnesses.
Section26A The Advocates Family Welfare Fund
11. Section 26-A inserted by Act-No. 21 of 1993, w.e.f. 2-4-1997. .
(1) Subject to such rules as may be prescribed, the State Government shall constitute a Fund called the Karnataka Advocates Family Welfare Fund, for payment of family welfare benefits to the nominees or legal heirs of the deceased advocates.
(2) The contribution for the membership of the fund shall be a sum of rupees one thousand:
Provided that the State Government may prescribe a lesser amount for contribution by persons belonging to Scheduled Castes or Scheduled Tribes for the membership of the fund.
(3) There shall be credited to the fund.
(a) contributions made by the members of the fund;
22. Clause (aa) inserted by Act No. 6 of 1996. (aa) contribution made by the State Government;
(b) any donation or contribution made to the fund by the Bar Council of India, Bar Council any Bar Association, any Association or authority, institution, any Advocate or any other person or institution.
(4) the State Government shall constitute a Committee for the administration of the fund.
(5) Every advocate practising in any Court in the State and being a member of the Bar Association, may apply to the Committee constituted for the Administration of the fund for admission as a member of the fund, in such form as may be prescribed;
(6) Upon the death of an Advocate who is a member of the fund, his nominee or as the case may be, legal heirs shall be paid such sum not exceeding rupees one lakh as may be prescribed;
(7) All matters relating to the fund including its membership, administration and conditions subject to which payment from the fund shall be made, shall be as may be prescribed.
Section27 Registered Clerks Welfare Fund
(1) Subject to such rules as may be prescribed by it, the State Government shall constitute a Fund called the Karnataka Registered Clerks Welfare Fund for payment of retirement benefits to the registered clerks in the State.
(2) There shall be credited to the Fund.
(a) any grant that may be made by the State Government; and
(b) any donation or contribution made to the Fund by the Bar Council of India, Bar Council, any Bar Association, any association or authority, institution, any advocate or any other person.
(3) The State Government shall constitute a committee for the administration of the Fund.
(4) The State Government may make rules to provide for all matters relating to the Fund including its membership and administration and the conditions subject to which payment from the Fund shall be made.
Section28 Power to make rules
The Bar Council may, with the previous approval of the State Government, by notification in the Official Gazette, make rules for the purposes of carrying into effect the provisions of this Act other than for provisions of Section 27.
Section29 Amendment of Act 16 of 1958
In the Karnataka Court Fees and Suits Valuation Act, 1958 (Karnataka Act 16 of 1958), after Section 76, the following section shall be inserted, namely-
"76-A. Legal Benefit Fund.
(1) Notwithstanding anything contained in this Act or any other law for the time being in force, it shall be competent for the State Government to levy an additional Court fee, by notification, in respect of appeals or revisions to Tribunals or Appellate Authorities, other than Civil and Criminal Courts, at a rate not exceeding one hundred rupees for each appeal or revision.
(2) There shall be constituted a Legal Benefit Fund to which shall be credited the proceeds of the additional Court fee levied and collected under sub-section (1).
(3) The Fund constituted under sub-section (2), shall be applied and utilised for the purpose of providing an efficient legal service for the people of the State and to provide social security measures for the legal profession.
(4) The mode and manner in which legal service to the people may be made more efficient and social security measures for the legal profession may be provided, shall be as prescribed by rules made by Government."
SCHEDULE 1 SCHEDULE
SCHEDULE[See Sections 9 and 16]
RULES
KARNATAKA ADVOCATES WELFARE FUND RULES, 1986
In exercise of the powers conferred by Section 28 of the Karnataka Advocates' Welfare Fund Act, 1983 (2 of 1985), and of all other powers thereunto enabling the Karnataka State Bar Council with the previous approval of the Government, vide Government Order No. LAW 31 LGR 85, dated 1st April 1986, hereby makes the following rules, namely :
Rule1 Short title
These rules may be called the Karnataka Advocates' Welfare Fund Rules, 1986.
Rule2 Definitions
In these rules, unless the context otherwise requires.
(a) "Act" means the Karnataka Advocates' Welfare Fund Act, 1983;
(b) "Form" means a form appended to these rules;
(c) "Permanent disablement" means such disablement which incapacitates a person to continue his practice as an Advocate;
(d) "Practice" means carrying on the profession of Advocate;
(e) "Standing" means practice at the Bar.
Rule3 Application for recognition and registration of Bar Association
(1) An application under Section 13 of the Act by any association of Advocates functioning in any Court centre to the Bar Council for recognition and registration shall be in Form No. I: Provided that no association of Advocates other than an association registered under the Karnataka Societies Registration Act, 1960 (Karnataka Act 17 of 1960), shall be eligible to apply for recognition and registration under Section 13.
(2) Every application in Form No. I shall be accompanied by an authenticated copy of the rules and/or bye-laws of the association, showing their names, address, age, date of birth, date of enrolment, the roll number in the State Roll maintained by the Bar Council under Section 17 of the Advocates Act, 1961 (Central Act 25 of 1961), the place where the member ordinarily practices, the period of suspension, if any, and such application shall be duly signed by the President and Secretary of the association.
(3) The Certificate of Registration to be issued by the Bar Council shall be in Form No. II.
(4) The Bar Council may recognise and register more than one Bar Association at a Court centre, for special reasons to be recorded in writing.
Rule4 Application for membership of the Fund
(1) Every application under Section 15 of the Act for admission as a member of the Fund shall be in Form No. III signed by the applicant and attested by the President and Secretary of the Bar Association of which he is a member.
(2) An Advocate having membership in more than one Bar Association shall be eligible to apply to be admitted as a member of the Fund only from one of such association.
(3) An Advocate applying for membership of the Fund shall pay a sum of Rs. 50 towards the first instalment of the application fee along with the application and the remaining amount of Rs. 150 shall be paid in three equal instalments within a period of one year from the date of application:
Provided that an applicant may, if he so chooses, remit the entire application fee along with the application.
(4) Payment of the application fee shall be by means of an account payee demand draft, drawn in favour of the Trustee Committee.
(5) On admission of a member to the Fund, the Trustee Committee shall issue a Certificate in Form No. IV.
(6) The Trustee Committee shall prepare and maintain a register of members in Form No. V.
(7) Any decision of the Trustee Committee rejecting an application for admission shall be communicated to the applicant by registered post with acknowledgement due.
(8) The Trustee Committee shall remove any member from the membership of the Fund if he fails to remit the annual subscription before the 30th October of that year and a copy of the order of removal shall be served on him by registered post with acknowledgement due:
Provided that no such order removing the name of a member from the membership of the Fund shall be passed without giving an opportunity of his being heard.
Rule5 Re-admission to the Fund
(1) A person re-admitted to the fund under sub-section (3) of Section 16 of the Act shall be treated as a new member from the date of his re-admission for all purposes of the Act.
(2) For calculating the period of completed years of standing of a member referred to in sub-rule (1), for the purpose of payment under the Act, his standing at the Bar prior to his re-admission shall not be taken into account.
(3) An application for re-admission under Section 15(8) shall be in Form No. VI.
(4) An application for re-admission under Section 16(3) shall be in Form No. VII.
Rule6 Printing and accounting of Welfare Fund Stamps
(1) The number of Welfare Fund Stamps to be got printed and the press in which they shall be got printed shall be determined by the Bar Council on each occasion having due regard to security against excessive printing and other possible abuses.
(2) Before entrusting the printing work as in sub-rule (1) to any printing press the Bar Council shall obtain from the person representing the press such sum of money, as in its opinion adequate in the form of an account payee demand draft drawn in its favour, as earnest money deposit to ensure safe and timely printing and delivery of the stamps. The earnest money deposit shall not be refunded and the bill for the work of printing shall not be paid for, unless the Bar Council is satisfied of the work of printing and safe and timely delivery of the stamps.
(3) The stamps received from the printing press shall be counted jointly by the Chairman and the Secretary of the Bar Council and a statement shall be recorded to this effect in Register No. I and such other Registers as may be necessary.
(4) the custody of stamps shall be held jointly by the Chairman and the Secretary of the Bar Council, in double lock receptacles. The following records shall be maintained under the joint attestation of the Chairman and the Secretary of the Bar Council.
Register No. I. Register showing the order placed for printing of stamps and receipt of stamps under the following heads.
(1) Serial number;
(2) Name and location of the printing press;
(3) Number of stamps for which order is placed;
(4) Date and number of the order;
(5) Number of stamps received with date;
(6) Serial number and page number of the Stock Register where the stamps are taken into stock;
(7) Signature of the Chairman and the Secretary.
Register No. II. Register showing the stock of stamps with the following heads.
(1) Serial number;
(2) Date;
(3) Stamps received;
(4) Stamps issued;
(5) Balance;
(6) Signature of the Chairman and the Secretary.
Register No. III. Day Book.
Register No. IV. Ledger.
Register No. V. Cash Book.
Register No. VI. Receipt Book with inner foil; and
Register No. VII. Such other registers and records as may be directed by the Bar Council from time to time.
(5) The Bar Council shall send to the Government a monthly statement of income and expenditure, a monthly statement of receipts and payments in respect of the Welfare Fund Stamps so as to reach the Government by 5th of the succeeding month. The Bar Council shall also furnish such other information and returns as may be specified by the Government from time to time. The Government may issue instructions to the Bar Council to ensure proper working of the scheme and the Bar Council shall be bound to carry out such instructions of the Government.
(6) Within 90 days from the close of every accounting year of the Bar Council, the Bar Council shall send to the Government annual income and expenditure statement and balance sheet in respect of the transactions relating to Welfare Fund Stamps, duly certified by a Chartered Accountant, along with a copy of the Auditor's Report.
(7) It shall be the duty of every Bar Association to prepare forecast of their requirements of the stamps and inform the Bar Council in advance.
(8) Indents for the supply of the stamps shall be made by the Presidents of the Bar Associations, to the Chairman of the Bar Council along with an account payee demand draft of the value of the stamps indented for less ten per cent of such value towards incidental expenses drawn in favour of the Bar Council.
Rule7 Collection of amount due to the Fund
(1) The Bar Council shall transfer to the Fund 11. Substituted for the figures "30%" by GSR 271, dated 10-9-1986. [20%] of the enrolment fee collected during a financial year, before the 30th June of the succeeding year.
(2) The amount set apart from the Legal Benefit Fund under subsection (2) of Section 76 of the Karnataka Court Fees and Suits Valuation Act, 1958 shall be paid to the fund before the 1st day of August of every year.
(3) The Secretary of the Trustee Committee shall collect all sums specified in sub-section (2) of Section 3 of the Act and deposit the same in the Fund account forthwith. The bank account shall be jointly operated by the Secretary and the Treasurer of the Trustee Committee.
(4) Separate account shall be maintained for the receipts under each of clauses (a) to (k) of sub-section (2) of Section 3 of the Act.
(5) The proceeds of the sale of Welfare Fund Stamps, effected under Section 22 of the Act, shall be paid by the Chairman and the Secretary of the Bar Council to the Secretary of the Trustee- Committee, within five days from the close of each calendar month. Delayed payments shall carry interest at twelve per cent per annum.
(6) All payments under the Act and these rules by the Bar Council to the Fund, shall be made in the form of an account payee demand draft drawn in favour of the Secretary, the Karnataka Advocates' Welfare Fund Trustee Committee.
Rule8 Functions of Trustee Committee
(1) The Trustee Committee may receive application for payment out of the Fund from any member or his legal heirs as the case may be, in Form No. VIII.
(2) All disbursement of amounts payable under Section 16 of the Act shall be by account payee cheques signed by the Secretary and the Treasurer.
(3) The Trustee Committee shall send to the Bar Council and the Government quarterly and annual reports showing the receipts to and disbursements from the Fund and other particulars and on such other occasions as may be required by the Bar Council.
(4) All decisions of the Trustee Committee rejecting any claim to the benefit of the Fund shall be communicated to the applicant by registered post with acknowledgement due.
Rule9 Notice, quorum etc., of meeting of the Trustee Committee
(1) Ten clear days notice shall be given for a meeting of the Trustee Committee. The Trustee Committee shall meet at least once in every three months and at least four such meeting shall be held in every year.
(2) The quorum for a meeting of the Trustee Committee shall be three.
(3) The meetings of the Trustee Committee shall be ordinarily held at the office of the Bar Council.
(4) The meetings of the Trustee Committee shall be presided over by the Chairman and in his absence by a member chosen by the members present at the meeting.
(5) Decisions of the Trustee Committee shall be taken by a simple majority of the members present and voting. The Chairman shall exercise a casting vote when there is an equal division of votes.
Rule10 Appeal
(1) An appeal under Section 21 shall be in Form No. IX.
(2) The Bar Council shall fix the date and place for the hearing of the appeal and may, from time to time adjourn the hearing.
(3) The Bar Council may.
(a) before disposing of an appeal, make such further enquiry as it thinks fit or cause such further enquiry to be made by the Trustee Committee or the Secretary;
(b) in disposing of an appeal, pass such order as it thinks fit, including an order of remand to the Trustee Committee for fresh disposal.
(4) A copy of every order passed on appeal, certified as true by the Secretary, shall be sent to the appellant and the Trustee Committee.
Rule11 Removal from membership caused by misrepresentation or fraud on Fund
The Trustee Committee may, if satisfied that any person has got himself admitted to the membership of the Fund by misrepresentation or suppression of any material fact or by fraud, remove the name of such person from the membership of the Fund after affording him an opportunity of being heard. On such removal all benefits accrued to such member by virtue of the provisions of the Act and these rules shall stand forfeited.
Rule12 Reduction of amount on failure to intimate suspension of practice or retirement
In respect of any case falling under sub-section (12) of Section 15 of the Act, the Trustee Committee may, after conducting such enquiry as it deems fit in its discretion reduce the amount payable to a member up to a maximum limit of 50%.
Rule13 Members to affix stamp on vakalaths
Every member of the Fund shall affix one stamp on every vakalath filed by him and no vakalath shall be filed before, or received by, any Court, Tribunal or other authority unless it is so stamped:
Provided that the Court, Tribunal or other authority may receive a vakalath not bearing the stamp filed by an Advocate who is not a member of the Fund, if such vakalath is accompanied by a declaration by him that he is not a member of the Fund :
Provided further that if any member of the Fund makes a false declaration in the vakalath to the effect that he is not a member of the Fund, the Trustee Committee shall remove the name of such person from the membership of the Fund after affording him an opportunity of being heard in person. On such removal all benefits accrued to such member by virtue of the provisions of the Act and these rules, shall stand forfeited.
Rule14 Medical Facilities
(1) A member and his dependents may be allowed grant from the Fund.
(i) in case of hospitalisation lasting for one month or more or involving a major surgical operation; or
(ii) on his suffering from tuberculosis, leprosy, paralysis, cancer, unsoundness of mind or from such other serious diseases or disabilities.
(2) The grant shall be allowed only after the Trustee Committee is satisfied about the genuineness or the claim.
(3) The grant so allowed shall not exceed a sum of Rs. 2,500 for any of the purposes specified in clause (i) or (ii) of sub-rule (1) during a period of five years.
(4) An application for medical aid shall be in Form No. X.
APPENDIX 1 FORM
FORM I
[See Section 13 and Rule 3(1)]
Application for Recognition and Registration
1. Name of the Association
2. Whether registered under the Societies Registration Act or other similar Act. (Give Details)
3. Names of Courts in the Centre
4. Names and addresses of the President and Secretary and Office bearers of the Association.
We.......do solemnly affirm that the particulars stated above are true and correct.
Place:. President.
Date:.. Secretary.
(Seal of the Association)
[This form must be accompanied by:]
(1) Bye-Laws/Rules of the Association.
(2) Up-to-date list of members of the Association showing the name, address, age, date of enrolment and the ordinary place of practice of each member.
APPENDIX 2 FORM
FORM II
[See Section 13 and Rule 3(3)]
Karnataka State Bar Council
Certificate of Registration
The Karnataka State Bar Council do hereby certify that the...... Association is registered
under Section 13 of the Advocates' Welfare Fund Act, 1983 and its Registration No. is.......
Given under my hand and seal of the Karnataka State Bar Council.
Dated this the............day of...........198.....
(Seal) Chairman.
APPENDIX 3 FORM
FORM III
[See Section 15 and Rule 4(1)]
Application for Admission to the Welfare Fund
1. Name and address (in block letters)
2. Age and date of birth of applicant
3. Date of enrolment under the Advocates Act, 1961 and Roll Number
4. Details of practice
5. Place or places of practice
6. Suspension or discontinuance of practice if any, with details of suspension and resumption
7. Name and address of the nominee or nominees with the proportion of share to be paid to each
8. Amount and date of payment to the Fund under Section 15(3) (Receipt to be attached)
9. Admission fee how paid.
I.......do solemnly affirm that the particulars furnished above are true and correct.
Place:
Date:. Signature of the Applicant.
Certificate by the President
I,........the President of.......Bar Association do hereby certify that the applicant is a
member of our Bar Association and he is not a defaulter to the Bar Association and that
the information furnished in column 4 of the application is correct.
APPENDIX 4 FORM
FORM IV
[See Section 15(2) and Rule 4(5)]
Karnataka Advocates Welfare Fund Trustee Committee
Certificate of Membership
The Karnataka Advocates' Welfare Fund Trustee Committee certify that Shri/Smt......
Roll No.......is admitted to the membership of the said Fund under Section 15(2) of the
Advocates' Welfare Fund Act, 1983, with Registration No.........
Given under my hand and seal of the Karnataka Advocates' Welfare Fund Trustee
Committee.
Dated this the.....day of......
.Seal. Chairman.
APPENDIX 5 FORM
FORM V
[See Rule 4(6)]
Form of Register of Members admitted to the Welfare Fund
Serial Number
Membership Number
Name and address of Member
Name of Bar Association of which he is a Member
Date of Birth with age
Date of Enrolment as Advocate
Number in the State Roll of Advocate
Date ofAdmission to the Fund
Number of years of standing or date of admission as computed under Section 16(4)
Remarks
APPENDIX 6 FORM
FORM VI
[See Section 15(8) and Rule 5(3)]
Application for Re-admission to theWelfare Fund
1. Name and address (in block letters)
2. Age and date of birth of Applicant
3. Date of enrolment under the Advocates Act, 1961 and Roll No.
4. Details of practice
5. Place or places of practice
6. Suspension or discontinuance of practice if any, with details of suspension and resumption
7. Name and address of the nominee or nominees with the proportion of share to be paid to each
8. Amount and date of payment of arrears with interest to the Fund under Section 15(8), (Receipt to be attached)
9. Arrears how paid
10. Date of previous admission to the membership of the Fund.
I,.......do solemnly affirm that the particulars furnished above are true and correct.
Place:
Date:. Signature of the Applicant.
Certificate by the President
I,........the President of........Bar Association do hereby certify that the applicant is a member of
our Bar Association and he is not a defaulter to the Bar Association and that the information
furnished in column 4 of the application is correct.
President.
Seal.
APPENDIX 7 FORM
FORM VII
[See Section 16(3) and Rule 5(4)]
Application for Re-admission to the Welfare Fund
1. Name and address (in block letters)
2. Age and date of birth of applicant
3. Date of enrolment under the Advocates Act, 1961 and Roll No.
4. Details of practice
5. Place or places of practice
6. Suspension or discontinuance of practice if any, with details of suspension and resumption
7. Name and address of the nominee or nominees with the proportion of share to be paid to each
8. Amount and date of payment to the Fund under Section 16(3) read with Section 15(3) (Receipt to be attached)
9. Admission fee how paid
10. Date of previous admission to the membership of the Fund
11. Date of previous retirement from the Fund.
I,........do solemnly affirm that the particulars furnished above are true and correct.
Place:
Date: Signature of the Applicant
Certificate by the President
I,.........the President of.........Bar Association do hereby certify that the applicant is a
member of our Bar Association and he is not a defaulter to the Bar Association and the information furnished in column 4 of the application is correct.
President.
Seal.
APPENDIX 8 FORM
FORM VIII
[See Section 16 and Rule 8(1)]
Application for Payment from the Fund
1. Name and address of the applicant
2. Name and address of the member
3. Date of enrolment under the Advocates Act, 1961 and Roll No.
4. Age and date of birth of member
5. Registration Number under the Advocates Welfare Fund Act, 1983
6. Details of practice
7. Place or places of practice
8. Completed years of practice excluding period of suspension, removal and cessation of practice
(1) Before the Act
(2) After the Act
9. Date of retirement/cessation of practice/death.
(In the case of death, certificate of death and an indemnity bond should be produced.)
Place:
Date:.. Signature of the Applicant.
Certificate by the President
I,......the President of......Bar Association do hereby certify that Sri.........is/was a
member of our Bar Association and he is/was not a defaulter to the Bar Association and that
the information furnished in columns 6 and 9 of the application is correct. The applicant
is......of Sri. .........the member.
President.
Seal.
APPENDIX 9 FORM
FORM IX
[See Section 21 and Rule 10(1)]
Before the Karnataka State Bar Council
(Appeal under Section 21)
Appeal No.....of 19.....
1. Name and address (in block letters)
2. Number and date of order appealed against
3. Date of receipt of order
4. Number and date of receipt evidencing payment
5. Statement of facts
6. Grounds of appeal.
I,.....do solemnly affirm that the particulars furnished above are true and correct.
Place:
Date:.Signature of the Appellant.
APPENDIX 10 FORM
FORM X
[Set Section 18(b) and Rule 14(4)]
Application for Medical Aid
1. Name and address of the member (in block letters)
2. Age and date of birth of the member
3. Date of enrolment and Roll No. of the member
4. Name, address and age of the patient showing his relationship with the member
5. Name and address of the medical practitioner who is attending the patient
6. Details regarding the disease
7. Amount required for the treatment.
Declaration
I,......do hereby solemnly affirm that the partculars furnished above are true and correct.
Place:
Date:.Signature of the Applicant.
